Israel Trademark Number 197759 for Zbang covers drinking water, soda pop, fruit juices and energy drinks; all included in class 32.
In November, we reported that Food Leader LTD has filed a cancellation request against CVC Financial L.P.’s mark for Zbang based on Section 41a which enables third parties to file a cancellation request on grounds of lack of use over a three year period, or on the grounds of inequitable behaviour.
CVC did not file a response which is indicative of them not being interested in maintaining the mark. However, cancellation still requires evidence. The adjudicator of IP, Ms Yaara Shoshani-Caspi ordered Food Leader to provide evidence that the mark was not in use, and Food Leader filed an Affidavit of a private investigator who detailed his attempts to find usage of the marks in Israel within the past three years to no avail.
Ms Shoshani-Caspi considered that this was sufficient evidence for a prima-facie case of lack of use and since the mark owner did not dispute this, she cancelled the mark awarding costs of 2000 Shekels (which is about $500 US) to Food Leader LTD.